BAJAJ GENERAL INSURANCE LTD vs HARPREET SINGH AND OTHERS

SARITA RANI 2026.05.15 14:59 I attest to the accuracy of this document/order FAO No.2875 of 2026 (O&M) 2026:PHHC: 076747 was no evidence to establish that the claimant had become totally unemployable or incapable of undertaking any vocaon whatsoever. According to learned counsel, merely because the claimant may not be able to connue the same nature of work, it cannot automacally result in assessment of 100% funconal disability. 4. I have heard learned counsel for the appellant and perused the paper-book. 5. The argument raised on behalf of the appellant does not merit acceptance. 6. It is by now well se%led that percentage of permanent physical disability and percentage of funconal disability are disnct concepts. The assessment of loss of earning capacity depends not merely upon the medical percentage of disability, but upon the impact of such disability on the earning capacity and vocaon of the injured. In Raj Kumar vs. Ajay Kumar and anr. (2011) 1 SCC 343, the Hon’ble Supreme Court categorically held that while determining funconal disability, the Court must examine the nature of avocaon of the injured, the nature of injuries suffered and the extent to which the injuries